Your Personal Injury Lawyers
Call 1-888-404-5167
Preszler Injury Lawyers

Toronto’s Minimum Maintenance Standards and Your Accident Claim


Many accidents occur because of driver negligence. Numerous other collisions can be attributed to poor roadway conditions, such as icy roads or potholes. The City of Toronto is legally obligated to keep public streets at a minimum level of safety to decrease the likelihood of accidents and injuries.

An injured victim may have the right to hold certain municipal parities liable in a car accident claim stemming from poorly maintained roads. Any such negligence claim will hinge on proving the City of Toronto neglected to adhere to the Minimum Maintenance Standards for Highways in the City of Toronto.

An Overview of Toronto’s Minimum Maintenance Standards

The city’s Minimum Maintenance Standards are established in Ontario Regulation 612/06. This act outlines the minimum standards of care and upkeep for all highways under the jurisdiction of the City of Toronto.

Safety issues addressed in the Minimum Maintenance Standards include:

  • ice on roadways;
  • snow accumulation;
  • monitoring of weather conditions and weather-related hazards;
  • the frequency of patrols to “check up” on roadway conditions;
  • shoulder drop-offs;
  • cracks;
  • potholes;
  • roadway debris;
  • street and highway lights;
  • signage (including regulatory and warning signs);
  • traffic signals;
  • conditions of bridges and overpasses;
  • roadway surface conditions and quality; and
  • sidewalk conditions.

The law divides highways into six different categories based on the annual daily volume of traffic and posted speed limit. The required level of care depends on the classification of the highway.

Some safety hazards are addressed via charts and graphs, making it relatively easy to identify when officials have deviated from standard protocol. For instance, according to the provided table, a snow accumulation of 2.5 centimeters must be cleared from a Class 1 highway within four hours, while safety officials have as much as 24 hours to clear 10 centimeters of snow accumulation from a Class 5 highway.

Meanwhile, other guidelines are left open to interpretation. For example, the removal of roadway debris is regulated by a missive that states officials must, “deploy resources, as soon as practicable after becoming aware of the fact.”

How Minimum Maintenance Standards Factor into Your Claim

Victims wishing to seek compensation from the City of Toronto must prove the city failed to meet the Minimum Maintenance Standards. This can be a considerable challenge in cases where established standards are not particularly high. However, past court decisions have shown that meeting the Minimum Maintenance Standards does not absolve the city of liability in the event of negligence. There are strict notice requirements prior to initiating a lawsuit and as such, notice in writing must be provided to the municipality within the specified time period of 10 days from the date of the accident.

Bear in mind, you are entitled to Ontario’s statutory Accident Benefits in the event of a motor vehicle accident. This is true, regardless of who caused the accident – compensation is available even if you cannot prove the City of Toronto was to blame for your accident. Take advantage of a free case consultation with the Preszler Injury Lawyers for help applying for Accident Benefits and to learn if you have grounds for filing a tort claim against a government entity. Call 1-800-JUSTICE®.

related videos


 

Car Accident Lawyers
 

Hit and Run Injury Claims
 

Statutory Accident Benefits & Car Accident Claims
 

Types of Damages in Car Accident Cases
 

Understanding Statutory Accident Benefits: Your Guide to Ontario’s Insurance Claims
 

What Insurance Cuts Mean For Drivers in Ontario
 

Who to Contact Following a Car Accident
 
Call us now at
1-800-JUSTICE
®

151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
Toll Free: 1-888-608-2111
1 Hunter St E,
Hamilton, ON
L8N 3W1
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
116 Lisgar Street, Suite 300
Ottawa ON
K2P 0C2
Toll Free: 1-888-608-2111
10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and DPJP Professional Corporation and unrelated third parties. Our spokesperson John Fraser, or any other non-lawyer/paralegals in our marketing is not to be construed in any way as misleading to the public. Our marketing efforts are not intended to suggest qualitative superiority to other lawyers, paralegals or law firms in any way. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to our management team. Please also note that past results are not indicative of future results and that each case is unique and that case results listed on site are from experiences across Canada and are not specific to any province. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Maximum contingency fee charged is 33%. Finally, our usage of awards and logos for awards does not suggest qualitative superiority to other lawyers, paralegals or law firms. All awards received from third party organizations have been done so through their own reasonable evaluative process and do not include any payment for these awards except for the use of the award logos for our marketing assets. We are also proud to service additional provinces like Alberta, British Columbia and Nova Scotia.